101B.3 - GENERAL REQUIREMENTS -- ADMINISTRATION.
101B.3 GENERAL REQUIREMENTS -- ADMINISTRATION.
1. Beginning January 1, 2009, cigarettes shall not be sold or
offered for sale to any person in this state unless:
a. The cigarettes have been tested in accordance with the
test method prescribed in section 101B.4.
b. The cigarettes meet the performance standard specified in
section 101B.4.
c. A written certification has been filed by the manufacturer
with the department and in accordance with section 101B.5.
d. The cigarettes have been marked in accordance with section
101B.7.
2. This chapter shall not be construed to prohibit a wholesaler
or retailer from selling the wholesaler's or retailer's inventory of
cigarettes existing prior to January 1, 2009, provided that the
wholesaler or retailer is able to establish both of the following:
a. Tax stamps were affixed to the cigarettes on inventory
pursuant to section 453A.10 before January 1, 2009.
b. The inventory of cigarettes was purchased before January
1, 2009, in comparable quantity to the amount of inventory of
cigarettes purchased during the same period of the prior year.
3. This chapter shall not be construed to prohibit any person
from selling or offering for sale cigarettes that have not been
certified by the manufacturer in accordance with section 101B.5 if
the cigarettes are or will be stamped for sale in another state or
are packaged for sale outside the United States.
4. The department of public safety shall administer this chapter
and may adopt rules pursuant to chapter 17A to administer this
chapter. This chapter shall be implemented in accordance with the
implementation and substance of the New York fire safety standards
for cigarettes. Section History: Recent Form
2007 Acts, ch 166, §3
Referred to in § 101B.8